The Planning Board, before approving a plat with or without streets or highways or a plat already filed with the Clerk of Jefferson County if the plat is entirely or partially undeveloped, shall require that the land shown in such plats be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, drainage or other menace to neighboring properties or public health, safety and welfare.
A. 
All lots created by subdivision shall meet the standards related to size and dimensions contained in Chapter 235, Zoning. All uses planned or proposed for any subdivision shall be in conformity with the said chapter.
B. 
The Planning Board, under the terms of § 277 of the Town Law, may request the applicant to apply directly to the Zoning Board of Appeals for an area variance for one or more lots shown on a plat which do not comply with the chapter requirements; the Planning Board, upon request of the Zoning Board of Appeals, will provide a written recommendation concerning the proposed variance.
C. 
Section 278 of the Town Law allows the Planning Board when considering cluster developments to modify the dimensional (area) conditions and, where necessary, setback requirements between units as set forth in Chapter 235, Zoning. Use and overall land density requirements may not be modified. (Refer to § 186-40.)
D. 
The Planning Board, before approving any subdivision plat, shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR Part 617.
The subdivision shall provide for the adequate dispersal of storm or other water flows so as to mitigate any threats posed by flooding, storm flows, soil erosion or soil sedimentation upon the subdivision and/or adjacent lands.
All individual household (septic) systems shall be constructed to comply with standards and conditions set forth in the New York State Department of Health's Appendix 75-A; code enforcement requires that a building permit be obtained from the Building Code Office of the Jefferson County Planning Department. Subdivision-wide and industrial or other complex systems will require contact and consultation with the New York State Departments of Health and/or Environmental Conservation.
The involvement and approval of the Building Code Enforcement Office of the Jefferson County Planning Department as well as the New York State Departments of Health and Environmental Conservation should be obtained where appropriate.
A. 
Proposed streets, highways and turnarounds within a subdivision shall be of suitable grade, width and geometry to assure that vehicular circulation occurs in an orderly, safe and efficient manner; the same applies to ingress and egress to the subdivision from existing roadways, be they private, Town, county or state. Approval and/or endorsement shall be obtained from the appropriate authority(ies): Town of Clayton and/or Jefferson County Highway Departments and/or the New York State Department of Transportation (DOT).
B. 
All such streets and highways shall be coordinated so as to compose a convenient system conforming to the official Town map and properly related to proposals contained in the Comprehensive Plan of the Town of Clayton.
Where applicable, there should be adequate facilities created to assure the safe and convenient movement of pedestrians both within a developed subdivision and while entering or leaving it.
The subdivision shall provide for the safe and efficient access of all types of emergency vehicles and personnel to each lot and structure contained therein.
A. 
The Planning Board may require that land for park(s) playground or other recreational purposes be suitably located within a proposed subdivision plat containing residential units only after findings have been made that substantiate that a proper case for such exists within the Town of Clayton. Such findings shall include evaluations of the present and anticipated future needs for parkland and recreational facilities, in the Town, based upon a projection of future population growth to which the particular subdivision plat will contribute. If appropriate findings are made by the Planning Board but land of suitable size to meet the requirement cannot be located on the subdivision plat, the Planning Board may then require the applicant to pay a sum of money, in lieu thereof, in an amount to be established by the Town Board.
B. 
In the making of the foregoing determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible location for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes shall be deposited into a trust fund to be used by the Town exclusively for park, playground and recreational purposes, including the acquisition of property.
Ownership and maintenance of parkland, as per hereinbefore, shall be by the following means and/or requirements:
A. 
Ownership.
(1) 
Homeowners' association (HOA). The covenants and organizational documents thereof shall include the following conditions:
(a) 
HOA membership shall be mandatory for each property owner, initial and successive;
(b) 
Each HOA member must agree to pay a yearly assessment fee representing a pro rata share of the costs related to insurance, taxes, maintenance of the parkland and associated facilities, and the HOA shall be responsible for seeing that all such items are paid for in a timely manner;
(c) 
The yearly assessment levied by the HOA on each member must be able to become a lien on property, if remaining unpaid;
(d) 
The terms of HOA membership and/or property ownership must allow the real property taxing authorities to satisfy property tax claims against the parkland by proceeding against individual property owners and the dwelling units they each own;
(e) 
The parkland shall be preserved in perpetuity; or
(2) 
The parkland may be dedicated to the Town, with prior approval by the Town Board.
B. 
Maintenance.
(1) 
Progressive maintenance standards shall be established to assure that the parkland does not detract from the character of the neighborhood.
(2) 
Such maintenance standards shall be enforceable by the Town against the owner(s) of the parkland; if lack of such maintenance results in the creation of public nuisance, the Town may, upon 30 days' written notice to the owner(s), enter the premises for necessary maintenance and the cost of such maintenance shall be assessed ratably against the owner(s), or in the case of an HOA, the owners of properties within the development, and shall, if unpaid, become a tax lien on said properties.
Where appropriate, a subdivision should strive to preserve as much existing meaningful mature vegetation as possible. Where such vegetation is nonexistent or insufficient, then landscaping should be considered to address the needs for screening and buffering as to increase the aesthetic quality of the environs.
A. 
In making determinations as to the need for streets, highways, parks and other improvements, the Planning Board shall take into consideration the prospective character of the development, whether dense or open residence, business or industrial and the degree to which they are essential to public health, safety and welfare.
B. 
In the case of major subdivisions of 50 lots, the Planning Board shall require that all streets or other places of public access shown on plats of fully planned subdivisions be graded and paved, street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices (including necessary ducts and cables or connection facilities), sanitary sewers and storm sewers shall be installed in accordance with standards, specifications and procedures acceptable to the Planning Board and/or the Town Board or, alternatively, that a performance bond or other security sufficient to cover the full cost of same be furnished to the Town by the developer prior to the Planning Board granting final approval.
C. 
If a performance bond or other security is required to assure the proper installation of infrastructure and improvements to the satisfaction of the Planning Board and Town Board, the requirements for such shall be in keeping with the provisions of § 277, Subdivision 9(a) through (e), of the Town Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
If the Town elects to provide improvements (sidewalks and/or water mains and/or sanitary sewers and/or storm sewers) required by the Planning Board, then the adoption of resolution and the establishment or extension of an improvement district for such shall be in keeping with the provisions of § 277, Subdivision 10(a) and (b), of the Town Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]